First the bad news: yes, in many states, they can, as long as they can show the censorship is related to a legitimate educational purpose. That’s the standard established by the U.S. Supreme Court in the 1988 Hazelwood decision.
Now the good news: in California, it’s very difficult. Principals can only exercise prior restraint if an article is obscene, libelous, slanderous, or creates a clear and present danger of commission of unlawful acts. Simply stating an opinion, no matter how controversial or intemperate, is not a clear and present danger. You’d have to actually call for action in a specific, immediate time frame.
California journalism advisers, go to http://www.leginfo.ca.gov/calaw.html and look up these code sections:
Code of Civil Procedure 425.16
Education Code Section 48907
Education Code Section 48950
Another great resource for journalism advisers in California is Jim Ewert, general counsel for the California Newspaper Publishers Association (916-288-6013). I called him once when my newspaper faced a threat of prior restraint and he was extremely helpful.
Journalism advisers from Arkansas, Colorado, Iowa, Massachusetts, Pennsylvania and Washington, I learned from “Press Freedom in Practice,” a manual that was in the packet sent to us by ASNE, that your states also grant greater protections to student journalists than Hazelwood does.
Maya Suryaraman
Santa Clara High School
Santa Clara CA
If I recall correctly, this was literally the first or second topic I "googled" while trying to figure out how to teach Journalism.
ReplyDeleteI was relieved to find what you wrote: "Principals can only exercise prior restraint if an article is obscene, libelous, slanderous, or creates a clear and present danger of commission of unlawful acts."
Everyone should be aware of the Hazelwood case and know their rights. I am glad you listed the Ed Code. Very helpful.
Like the image with this post.
ReplyDeleteSteve Elliott
Arizona State University
Phoenix
I'd like to know - is this happening often to some of you? Most of you? No one?
ReplyDeleteMaya,
ReplyDeleteAdd Kansas to your list of states that allow students complete editorial control over the student newspaper. Frankly, it was a difficult concept for me to accept when I took over as adviser. In my unique role I sat back and let the kids run things as they had in the past but it was interesting (and ultimately even more rewarding) to see them discussing that just because they "could" run a story didn't necessarily mean that they "should." The fact that "doing acts of journalism" requires students to think critically (and for themselves) drew me to love the profession. It's also nice that I have a very supportive principal who understands our laws in KS and makes sure to follow them. Debbie
I love the First Amendment on the wall...I was going to paint it in my classroom this summer but I think I'm going to look for these cool letter "stickers" instead. :)
I love that CA and KS are both states that are reexamining the Hazelwood decision, but Wisconsin isn't one of them. I have prior review, despite it being against school board policy. While nothing has been denied, yet, it's frustrating that I have to get approval for a story--it's like my personal professionalism is being challenged....controversial stories will always be covered in a manner that examines all aspects of the story. If it's not reported well, I won't let it be published! Grrr...just so frustrated that I'm under prior review just because of something that was published before I was born!
ReplyDeleteJamie